MONISTRY OF AGRICULTURE
Laws and Regulations Retrieving System

Chapter 1 General Provisions
Article 1
This Act is specifically enacted to ensure sound fertilizer 
regulations and maintain fertilizer quality, as well as to 
sustain soil fertility, enhance agricultural productivity, and 
protect the environment. Any matters not covered by this Act 
shall be governed by other applicable regulations.


Article 2
Competent authorities as referred to in this Act: At the central 
government level: the Council of Agriculture, Executive Yuan, 
hereinafter referred to as the Central Competent Authority; at 
the special municipal level: the government of the special 
municipality; and at the county/city level: the government of 
the county/city.


Article 3
The terms used in this Act are defined as follows:
1.“Fertilizer” means goods that provide plants with nutrients 
    or/and promote nutrient utilization.
2.“Compost” means a fertilizer made from organic materials 
    that have been through compsting processes to become mature.
3.“Registered ingredients” means the fertilizer ingredients 
    and content that meet the fertilizer specifications and have 
    been recorded on the registration certificate.
4.“Fertilizer dealer” means the dealer specified in one of the 
    following items:
   (1)Fertilizer manufacturers: refer to operators with a fixed 
      location and production facilities, and engage in 
      fertilizer manufacturing, processing, wholesale, and 
      export.
   (2)Fertilizer importers: refer to operators engaged in 
      fertilizer import and fertilizer packaging and wholesale.
   (3)Fertilizer sellers: refer to operators engaged in 
      fertilizer purchase, wholesale, retail, or export.
5.“Fertilizer labeling” means, under the provisions of this 
    Act, the words, graphics, or marks used on the package, 
    container, or instructions of the fertilizer to record the 
    fertilizer’s name, registered ingredients, usage, dosage, 
    or other relevant matters.


Article 4
The categories, item numbers, and specifications of fertilizers 
shalled be presecibed and promulgated by the Central Competenet 
Authority.


Chapter 2 Registration
Article 5
A fertilizer may not be manufactured, imported, or/and sold 
without applying to the Central Competent Authority for approval 
and issuance of a fertilizer registration certificate.
The Central Competent Authority shall prescibe the application 
criteria, procedures, and rules concerning the issuance of a 
fertilizer certificate.


Article 6
The manufacture and import of fertilizer samples exclusively for 
research, testing, or registration purposes, approved by the 
Central Competent Authority, are not subject to the restrictions 
of Paragraph 1 of the preceding Article.
The packaging or container of the fertilizer sample mentioned in 
the preceding Paragraph shall bear the word 'sample' and shall 
not be sold or given away.


Article 7
The fertilizer registration certificate shall include the 
following information: 
1. Registration certificate number and validity period;
2. Fertilizer item number;
3. Registered ingredients, properties, and packaging weight 
   or/and volume;
4. Name, address, and responsible person of the fertilizer 
   manufacturer or importer;
5. Name and address of the fertilizer manufacturing plant 
   (facility); and
6. Other matters designated to promulgate by the Central 
   Competent Authority.


Article 8
A fertilizer registration certificate is valid for four years. 
An application for an extension must apply to the original 
issuing authority within 6 months prior to the expiration date 
of the certificate if the certificate holder desires to continue 
manufacturing, importing, or selling of the fertilizer. Each 
extention application shall not exceed four years. Those who 
fail to apply for an extension within the expiration date or are 
not allowed to extend their registration will have their 
registration certificate cancelled.


Article 9
If a fertilizer registration certificate is lost or damaged, the 
certificate holder shall apply to the original issuing 
authority, stating the reason for reissuance or replacement 
within 30 days after the fact occurs. The original registration 
certificate shall be canceled or announce its cancellation.


Article 10
Fertilizer dealers who cease operations, suspend operations, 
resume operations, or make changes to other registered matters 
shall, within 30 days after the occurrence of the event, submit 
the fertilizer registration certificate along with relevant 
documents and information to the original issuing authority for 
processing in accordance with the following regulations:
1. Cease operations: cancel registration certificates.
2. Suspend operations: note the suspension date on the 
   registration certificate.
3. Resume operations: note the resumption date on the 
   registration certificate.
4. Changes in registered information: change the information of 
   registration documents


Article 11
To apply for a fertilizer registration certificate and to extend 
the validity period, a certification fee must be paid. The 
amount of the fee shall be prescribed by the Central Competent 
Authority.


Chapter 3 Manufacture, Import and Export
Article 12
Fertilizers shall be packaged and labeled before they can be 
placed on the market. However, this Act does not apply to 
compost produced domestically and transported from the 
fertilizer manufacturing plant (facility) directly to a farm for 
field application.


Article 13
Fertilizer labels shall record the following information in 
Chinese:
1. Fertilizer registration certificate number;
2. Fertilizer item number;
3. Registered ingredients, properties, and packaging weight 
   or/and volume;
4. Name and address of the fertilizer manufacturer or importer;
5. Name and address of the fertilizer manufacturing plant 
   (facility);
6. Methods and rates of application;
7. Manufacturing year, month, batch number, and expiry date; and
8. Other matters prescribed by the Central Competent Authority.


Article 14
The quality of fertilizers manufactured or imported shall comply 
with this Act, and the standard inspection competent authority 
may conduct relevant inspections.
The quality as mentioned in the receding Paragraph refers to 
those specifications in compliance with registered ingredients 
and specifications announced in accordance with Article 4.
The operating procedures and charging standards for fertilizer 
inspection shall be prescribed by the standard inspection 
competent authority.


Article 15
Imported fertilizers containing organic components from animals 
or plants must comply with animal and plant quarantine 
regulations. Fertilizers that faill to pass quarantine 
inspections must be returned or destroyed.


Article 16
For domestically manufactured fertilizers intended exclusively 
for export, in addition to specifying the country of origin, 
their item numbers, specifications, packaging, or labeling 
may,comply with the requirements of foreign buyers, without 
subject to the restrictions stipulated under Articles 4 and 13.


Chapter 4 Selling
Article 17
Fertilizers offered for sale or intended for sale, when 
displayed or stored, must not be unsealed, repackaged, mixed, 
diluted, or have their fertilizer labeling altered. But 
fertilizer manufacturers or importers are exempt from these 
restrictions while manufacturing, processing, and packaging 
fertilizers.


Article 18
Fertilizers with one of the following conditions shall not be 
displayed or stored for sale or intended for sale: 
1.Those without a fertilizer registration certificate;
2.Those of unknown origins;
3.Those not packaged or labeled in compliance with this Act; and 
4.Those with poor qualities.
The term "poor quality" as mentioned in subparagraph 4 of the 
preceding Paragraph refers to those that do not meet the 
registered ingredients or the specifications announced in 
accordance with Article 4.


Article 19
Those who publish fertilizer advertisements shall include the 
fertilizer registration certificate number, item number, and 
registered ingredients, and are prohibited from engaging in 
false, exaggerated, and other inappropriate advertising 
practices.


Article 20
Items not complying with the fertilizer specifications 
presecibed and announced by the Central Competent Authority in 
accordance with Article 4 may not be labeled, advertised, or 
promoted with the name of the fertilizer or with claims of 
having fertilizer effects.


Chapter 5 Inspection and Supervision
Article 21
Fertilizer manufacturers or importers shall record separately 
the manufacturing or importing, sales and inventory quantities 
to facilitate inspection by competent authority.
The records mentioned in the preceding Paragraph shall be 
retained for 3 years.


Article 22
The competent authority may dispatch inspectors to enter 
premises used for manufacturing, processing, packaging, 
warehousing, exhibiting, and selling fertilizers, and the 
inspectors may take fertilizer samples. Business operators shall 
not envade, refuse, or obstruct the inspections. Samples taken 
by the inspectors shall be limited to amounts necessary for the 
identification.
The results from the inspection mentioned in the preceding 
Paragraph may be published. The protocols for an inspection 
shall be prescribed by the Central Competent Authority. The 
inspectors shall present identifications documents when 
conducting inspections.


Article 23
If any fertilizer suspected of violating the provisions of 
Articles 5, 14, or 25 is found and needs to be sampled for 
identification, it shall be sealed first and kept under the 
custody of the fertilizer operator with an affidativ. 
The period for identification and verification of the 
fertilizers sealed mentioned in the preceding Paragraph shall 
not exceed 40 days from the date of discovery.


Article 24
If the documents or data accompanying the application for a 
registration certificate were found to be false, altered, or 
untruthful after the issuance of a fertilizer registration 
certificate, the issuing authority shall revoke the registration 
certificate. Anyone who has violated Article 12 or Paragraph 1 
of Article 14 of this Act and has been penalized more than twice 
within one year shall have that registration certificate 
annulled.
If one of the circumstances mentioned in the preceding Paragraph 
occurs, the business operators may not reapply for a 
registration certificate for the fertilizer concerned for two 
years.


Article 25
If a fertilizer manufactured or imported is found to have 
negative impacts on soils, plants, or people’s health after a 
registration certificate is granted, the Central Competent 
Authority shall not only announce the prohibition of its 
production and importation at any time, but also annul its 
registration certificate.
Manufacturers or importers of the fertilizer mentioned in the 
preceding Paragraph shall take back commercially available 
products and dispose of them together with the inventory in 
accordance with the disposal methods and deadlines determined by 
the Central Competent Authority.


Article 26
The issuance, extension of validity period, cancellation, 
revocation, or annulment of fertilizer registration certificates 
shall be periodically announced by the issuing authority.


Chapter 6 Penal Provisions
Article 27
Those who manufacture or import fertilizers in violation of 
Paragraph 1 of Article 5 shall be subject to a fine of more than 
one hundred thousand New Taiwan Dollars but less than five 
hundred thousand New Taiwan Dollars.
Those who has been notified to stop manufacturing or importing 
fertilizers by a specified time but fail to comply may be 
imposed consecutive daily fines starting from the date of the 
notification.


Article 28
Anyone with one of the following conditions may be subject to a 
fine fine of more than fifty thousand New Taiwan Dollars but 
less than two hundred and fifty thousand New Taiwan Dollars:
1.Those who violate the requirements of Article 12;
2.Those who violate the requirements of Paragraph 1, Article 14 
  by manufacturing or importing fertilizers that do not comply 
  with the registered ingredients or meet the specifications set 
  by this Act;
3.Those who violate the requirements of Article 17.
4.Those who violate the requirements of Subparagraphs 1 or 2, 
  Paragraph 1, Article 18.
5.Those who violate the requirements of Paragraph 1 of Article 
  22 by envading, refusing, or obstructing with inspection or 
  sampling.
6.Those who violate the requirements of Paragraph 1 of Article 
  23 by refusing to seal the fertilizers or to take the 
  fertilizers under custody with an affidavit. 
7.Those who violate the requirements of  Paragraph 2 of Article 
  25.
Those fertilizers mentioned in Subparagraphs 1 to 4 of the 
preceding Paragraph may be confiscated if the business operators 
fail to address the problem after being notified to rectify the 
problem by a specified timeframe.


Article 29
Anyone with one of the following conditions shall be subject to 
a fine of more than thirty thousand New Taiwan Dollars but less 
than one hundred and fifty thousand New Taiwan Dollars:
1.Those who violate the requirements of Paragraph 2 of Article 6 
  by not labeling “sample”, selling, or giving out samples.
2.Those who violate the requirements of Article 13 by not 
  labeling clearly, completely, truthfully, or not labeling at 
  all.
3.Those who violate the requirements of Article 19.
4. Those who violate the requirements of Article 20.
5.Those who violate the requirements of Article 21.
Those fertilizers mentioned in Subparagraphs 1 and 2 of the 
preceding Paragraph may be confiscated if the business operators 
fail to address the problem after being notified to rectify the 
problem by a specified timeframe. Those with the conditions 
specified in subparagraphs 3 or 4 of Paragraph 1, and have been 
notified but fail to comply or stop advertising or promoting may 
be fined consecutively.


Article 30
Those with one of the following conditions shall be subject to a 
fine of more than twenty thousand but less than one hundred 
thousand New Taiwan Dollars:
1.Those who violate the requirements of Article 9 by failing to 
  submit applications for replacement or new fertilizer 
  registration certificates within 30 days after the fact 
  occurs.
2 Those who violate the requirements of Article 10 by failing to 
  conduct transaction for suspension, termination or resumption 
  of businesses, modification of registered items or obtaining 
  new fertilizer registration certificates 30 days after the 
  violation.
3.Those who violate the requirements of Subparagraphs 3 or 4, 
  Paragraph 1, Article 18.


Article 31
The fines determined in accordace with this Act will be 
transferred to the court for compulsory execution if they are 
not paid within the time limit. Before the case is fully paid 
and settled, the operator’s application for a fertilizer 
registration certificate should be suspended.


Article 32
The court will enforce those fines charged pursuant to this Act 
that become delinquent.  Application from the business for 
fertilizer registration certificates may not be accepted until 
the fines are paid up.


Chapter 7 Supplementary Provisions
Article 33
The provisions of this Act do not apply to farmers or families 
who produce organic fertilizers for their own use without 
selling them.


Article 34
Fertilizer registration certificates applied for in accordance 
with the Fertilizer Management Rules before this Act becomes 
effective shall be renewed on the date specified and announced 
by the Central Competent Authority.If the registration 
certificate is not processed within the expiration date, the 
original registration certificate will become invalid and be 
canceled by the original issuing authority. Those who continue 
manufacturing or importing the fertilizers without applying for 
replacement shall be subject to penalties as specified in 
Article 27.


Article 35
The Enforcement Rules of this Act shall be prescribed by the 
Central Competent Authority.


Article 36
This Act shall become effective on the date of its promulgation.


NOTE:
This translation is for information purposes only and does not 
represent the binding law of the Republic of China. The binding 
law appears only in the national language, Chinese. Therefore, 
for purposes other than acquiring information, reference must be 
made to the original Chinese version of this statute.